Jacobson v. St. Paul & Duluth Railroad
Supreme Court of Minnesota
Plaintiff, as administratrix, brought this action in the district court for Carlton county, to recover damages for the negligence of defendant, resulting in the death of her intestate, Henry Jacobson. At the trial, before Stearns, J., it appeared that deceased was engaged in loading a box-car of defendant with lumber, on a side track in front of a planing-mill in the yard of his employer at Thomson. The lumber was placed in the car through a door in the end of it.
Read the full summary
Plaintiff, as administratrix, brought this action in the district court for Carlton county, to recover damages for the negligence of defendant, resulting in the death of her intestate, Henry Jacobson. At the trial, before Stearns, J., it appeared that deceased was engaged in loading a box-car of defendant with lumber, on a side track in front of a planing-mill in the yard of his employer at Thomson. The lumber was placed in the car through a door in the end of it. Jacobson stood on a platform of plank, one' end of which rested on a projection at the end of the car and the other end upon a…
1Opinion of the CourtGileillan, C. J.
There is no reason to disturb the verdict in this case. The evidence is abundantly sufficient to justify the jury in finding that the defendant’s locomotive, which went upon the side track to pick up and remove the loaded cars standing- on it, was driven at a rate of speed that made' it almost recklessness with respect to the car which plaintiff’s intestate was loading. It was the engineer’s business to know what cars he was to remove, — to know that he was not to interfere with the one at which the deceased was at work, for the reason that the loading was not completed. He must have known…
2Cited by6 opinions
- Lovell v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1906
- Butler v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1911
- St. Louis S. F. R. Co. v. ColeSupreme Court of Oklahoma · 1915
- Santa Fe, Prescott & Phœnix Railway Co. v. FordArizona Supreme Court · 1906
- Eckert v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
1 more not listed; retrieve them via the Exa API.